Explanatory note

These Regulations apply to the United Kingdom and give effect to the United Kingdom’s obligation to provide for the administration, execution and enforcement of Council Regulation (EEC) No. 2092/91 (OJ No. L198, 22.7.91, p.1) on organic production of agricultural products and foodstuffs. Regulation 3 designates Food from Britain as the inspection authority responsible for the inspection system under the Council Regulation and the approval of private inspection bodies. Producers, importers and processors concerned in the distribution of organic products covered by the Council Regulation are subject to this inspection system. For the purposes of enforcing Articles 9.9 and 10.3 of the Council Regulation (irregularities and infringements of the rules on labelling and production of organic products) Food from Britain or the private inspection body as appropriate must give the relevant local authority the information the local authority needs to enforce the organic labelling provisions in Article 5 of the Council Regulation. Regulation 2 contains a definition of local authority.

Regulation 4 amends the Agricultural Marketing Act 1983, under which Food from Britain is established as a corporate body, to extend the functions of Food from Britain so that they include functions under these Regulations.

Regulation 5 provides for the payment of contributions to inspection expenses and access to the inspection system, and information to be given by Food from Britain to the Minister of Agriculture, Fisheries and Food to enable him to comply with his obligations under the Council Regulation. Regulation 6 provides that each local authority within its area will enforce the provisions of the Council Regulation specified in the Schedule, contravention of which is an offence subject on conviction in a magistrates court to a fine not exceeding level 5 on the standard scale in England, Wales and Scotland and in Northern Ireland to a fine not exceeding £2000. It also applies presumptions relating to sale and human consumption to the execution and enforcement of the Council Regulation, for all organic products under it and those intended for human consumption respectively.

Regulations 7 to 9 contain supplementary provisions on enforcement and regulation 10 protects officers acting in good faith.